[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
Public Law 111-342
111th Congress
An Act
To amend title 28, United States Code, to prevent the proceeds or
instrumentalities of foreign crime located in the United States from
being shielded from foreign forfeiture proceedings. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Foreign Criminal Assets
for Forfeiture Act of 2010''.
SEC. 2. PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE UNDER
FOREIGN LAW.
Section 2467(d)(3)(A) of title 28, United States Code, is amended to
read as follows:
``(A) Restraining orders.--
``(i) In general.--To preserve the
availability of property subject to civil or
criminal forfeiture under foreign law, the
Government may apply for, and the court may issue,
a restraining order at any time before or after
the initiation of forfeiture proceedings by a
foreign nation.
``(ii) Procedures.--
``(I) In general.--A restraining
order under this subparagraph shall be
issued in a manner consistent with
subparagraphs (A), (C), and (E) of
paragraph (1) and the procedural due
process protections for a restraining
order under section 983(j) of title 18.
``(II) Application.--For purposes of
applying such section 983(j)--
``(aa) references in such
section 983(j) to civil
forfeiture or the filing of a
complaint shall be deemed to
refer to the applicable foreign
criminal or forfeiture
proceedings; and
[[Page 3608]]
``(bb) the reference in
paragraph (1)(B)(i) of such
section 983(j) to the United
States shall be deemed to refer
to the foreign nation.''.
Approved December 22, 2010.
LEGISLATIVE HISTORY--S. 4005:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
Dec. 14, considered and passed Senate.
Dec. 16, considered and passed House.